ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting lines 3 through 28 and inserting:
“1. A person who bids on a contract may file a notice of protest regarding the awarding of the contract with the authorized representative designated by the public body within 5 business days after the date the bids were opened by the public body or its authorized representative.
2. The notice of protest must include a written statement setting forth with specificity the reasons the person filing the notice believes the applicable provisions of law were violated.
3. A person filing a notice of protest may be required by the public body or its authorized representative, at the time the notice of protest is filed, to post a bond with a good and solvent surety authorized to do business in this state or submit other security, in a form approved by the public body, to the public body who shall hold the bond or other security until a determination is made on the protest. A bond posted or other security submitted with a notice of protest must be in an amount equal to the lesser of:
(a) Twenty-five percent of the total value of the bid submitted by the person filing the notice of protest; or
(b) Two hundred fifty thousand dollars.
4. A notice of protest filed in accordance with the provisions of this section operates as a stay of action in relation to the awarding of any contract until a determination is made by the public body on the protest.
5. A person who makes an unsuccessful bid may not seek any type of judicial intervention until the public body has made a determination on the protest and awarded the contract.”.
Amend section 1, page 2, line 32, by deleting “an unsuccessful” and inserting “a”.
Amend section 1, page 2, line 33, by deleting “appeal” and inserting “protest”.
Amend section 1, page 2, by deleting lines 34 through 43 and inserting:
“7. If the protest is upheld, the bond posted or other security submitted with the notice of protest must be returned to the person who posted the bond or submitted the security. If the protest is rejected, a claim may be made against the bond or other security by the public body in an amount equal to the expenses incurred by the public body because of the unsuccessful protest. Any money remaining after the claim has been satisfied must be returned to the person who posted the bond or submitted the security.”.
Amend sec. 2, page 3, line 5, by deleting “person or”.
Amend sec. 2, page 3, line 6, by deleting “construction project.” and inserting “public work.”.
Amend sec. 2, page 4, line 3, by deleting “[(b)] (c)” and inserting “(b)”.
Amend sec. 7, page 8, line 41, by deleting “or” and inserting “and”.
Amend sec. 13, page 12, line 24, after “provisions of” by inserting:
“section 1 of this act and”.
Amend sec. 19, page 17, line 29, after “state, or” by inserting:
“the governing body of”.
Amend sec. 19, page 18, lines 32 and 33, by deleting:
“the provisions of”.
Amend sec. 20, page 20, by deleting lines 9 through 13 and inserting:
“exceed the limit of his license. A subcontractor [named by the contractor] who is [not] :
(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and
(b) Not properly licensed for that portion of the work ,
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shall be deemed unacceptable. If the”.
Amend sec. 21, page 20, line 36, by deleting “a” and inserting “the lowest”.
Amend sec. 21, page 20, line 37, by deleting:
“contractor who has” and inserting:
“responsive and responsible contractor who:
(1) Has”.
Amend sec. 21, page 20, by deleting lines 41 and 42 and inserting:
“(b) At the time he submits his bid, provides to the public body a copy of] ; and
(2) At the time he submits his bid, has a valid certificate of eligibility to”.
Amend sec. 21, page 21, line 4, by deleting “(c)” and inserting “(b)”.
Amend sec. 21, page 21, line 5, by deleting “next”.
Amend sec. 21, page 21, line 6, by deleting:
“whose bid is not accompanied by a copy of” and inserting:
“who does not have, at the time he submits his bid,”.
Amend sec. 24, page 25, line 33, after “improvement]” by inserting:
“to which paragraph (a) of subsection 1 of NRS 338.1385 or paragraph (a) of subsection 1 of NRS 338.143 applies,”.
Amend sec. 24, page 25, by deleting line 34 and inserting:
“(a) [The] If the public body provides a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each subcontractor who will provide such labor or”.
Amend sec. 24, page 25, line 35, by deleting “a”.
Amend sec. 24, page 25, by deleting line 37 and inserting:
“(b) If the public body does not provide a list of the labor or portions of the public work which are estimated by the public body to exceed 3 percent of the estimated cost of the public work, the name of each subcontractor who will provide labor or a”.
Amend sec. 24, page 25, line 39, before “contractor” by inserting “prime”.
Amend sec. 24, page 25, line 40, by deleting “Within” and inserting:
“[Within] If the bid is submitted pursuant to this paragraph, within”.
Amend sec. 24, page 25, line 44, before “contractor” by inserting “prime”.
Amend sec. 24, page 26, lines 13 and 14, before “contractor” by inserting “prime”.
Amend sec. 24, page 26, lines 15 and 16, before “subsection 1” by inserting:
“paragraph (a) of”.
Amend sec. 24, page 26, line 17, before “contractor” by inserting “prime”.
Amend sec. 24, page 26, line 44, by deleting “3” and inserting “1”.
Amend sec. 27, page 31, by deleting lines 31 through 36 and inserting:
“contract would exceed the limit of his license. A subcontractor [named by the contractor] who is [not] :
(a) Named in the bid for the contract as a subcontractor who will provide a portion of the work on the public work pursuant to NRS 338.141; and
(b) Not properly licensed for that portion of the work ,
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shall be deemed unacceptable. If the”.
Amend sec. 28, page 32, by deleting lines 11 through 13 and inserting:
“(a) Has] the lowest bid that is:
(a) Submitted by a contractor who:
(1) Has been found to be a responsible and responsive contractor by the local government [;”.
Amend sec. 28, page 32, by deleting lines 16 and 17 and inserting:
“government a copy of] or its authorized representative; and
(2) At the time he submits his bid, has a valid certificate of eligibility to”.
Amend sec. 28, page 32, line 24, by deleting “(c)” and inserting “(b)”.
Amend sec. 28, page 32, line 25, by deleting “next”.
Amend sec. 28, page 32, line 26, by deleting:
“whose bid is not accompanied by a copy of” and inserting:
“who does not have, at the time he submits the bid,”.
Amend sec. 28, page 35, by deleting lines 24 and 25 and inserting:
“business days after the opening of the bids by the local government or its authorized representative.”.
Amend sec. 29, page 35, line 45, before “338.147” by inserting:
“338.143, 338.145 and”.
Amend sec. 29, page 36, lines 7 and 8, by deleting “338.143 or” and inserting:
“338.143, 338.145 and”.
Amend sec. 32, page 38, line 15, by deleting:
“governing body of the entity” and inserting:
“[governing body of the entity] public body”.